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SPECIAL ISSUE

Kenya Gazette Supplement No. 101 (National Assembly Bills No.26)

REPI'BLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONAL ASSEMBLY BILLS, 2016

NAIROBI, ?Arh June, 2016

CONTENT

Bill for Introduction into the National Assembly-PAGE

fire Refirgees BiII,2016..... .......................385

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385

THE REFUGEES BIIJ" 2016

ARRANGEMENT OF CI,AUSES

Clouse

PART I-PRELIMINARYI - Short title and commencement

2 -lnterpretation

3 - Meaning of "refugee"

| - Exclusion from refugee status

5- Cessation of refugee status

PART II-AI}MINISTRATTVE PROYISIONS

6 -Administrative

Institutions

7 -Establishment

of the Cornmission

8-Frurctions of the Commission

g-The Secretariat for Refuge€s Atrairs

lfFunctions of the Secretariat

1l-Establishment of the Appeals Board.

Lz.-Conduct of the Appeals Board.

PART TII-APPLICATION FOR REFUGEE STATUS

13 Application for refugees status

l+ Participation in refugee status proceedings

ls-Establishment of the National Eligibility Committee

16- Functions of the Eligibility Commiuee

l7-Appeals

18-Institution of proceedings for unlawful presence inKenya

lg-Asylum seekers from regions with high infectiousdisease

zH,ancellation of Refugee Status.

The Relusees Bill,2016

22-Refugee women and children

23-Rights during status determination process

24. Recognition of Refugees in the East Afticancommunity

zHare forpercons with disabilities

2G-Right to remain in Kenya during statusdetermination

Z7-Applicant to be issued with asylum seeker's pass

PARTIV PT'CEPTIONFORREFUGEES

28-Designation of refugee reception offtcers

29-Duty of Refugee reception officers

3G-Entry into Kenya by asylum seekers or refugees

3 l-Srrrender of weapons.

PART V-IIIGHTS ANI} DUTIES OF REFUGEESAND ASYLUM SEEKERS WITHIN KENYA

32-Rights of refugees under International Instnrments

33-Non- Refoulement

3 I Access to employment

3s-Access to Land

SHBducation for Refugees.

37-\ryork Permit for refugees

3 8-Refugees attaining citizenship

3g-{abinet Secretary to noti$/ a refugee beforeexpulsion

4Habinet Secretary directions on a refugee awaitingexpulsion

4 l-Non-punishment for asylum seekers

4z-Declaration of designated areas

43---Cabinet secretary orders with regard to refugeesettlement

44 Emergency measrres to be undertaken.

The RefuSees Bill,2016 387

a

PART VI -CONTROL

OF DESIGNATED AREAS

4s-Designated areas

4G-Requirement to reside in a designated area

47-Control of a designated area

48-Administration of a desigrated area

49-Restrictions of persons entering desigRated areas

PART VII_INTEGRATION, REPATRIATION ANII)RESETTLEMENT OF REFUGEES

sO-Integration into host conununities

sl-{onsideration of refugees matters in developmentpolicies

sz-Affirmative action for women, children and personswith disabilities

5 3-Voluntary repatriation

5 I Resettlement of refugees residing in Kenya

ss-Establishment of the Refugee Trust Fund.

s6-Administration of the Refugee Tnrst Fund

PART VIII_INTERNATIONAL AND REGIONATCO.OPERATION

5 7-Intemational cooperation

s8--Cooperation with Office of UnitedNations HighCommissioner for Refugees, the African Union andother organizations

PART IX_MISCELAI\IEOUS PROVISIONS

sg--{ffences and penalties

60-Detention of asylum seekers or refugees

6l-Registration of asylum seekers and refugees

62-Payment of ta:res

63-Family Re- Union

64 Powers of an authonzedofficer

65{rounds for conducting a search

66-Search to be conducted with decency

Jo

388 The Relugees Bill,2016

67-Provision of legal aid

6S Annual Reports

69--Repeal of Cap. 173

70-Transitioilsl provisions

PART X-.-PIIOV{SIONS ON DELEGATEDI,EGISI*ATION

7l-Regulations

FIR-ST ffiITEI}ULN--CONDUCT OFBU$INESS ANDAFFAIRS OF THEAPPEALS BOARI}

SECOND SCHEI}ULM' ^RTICI,ES OFCOI\TVENTIONAPPTICABLE TORECOGMTIONOF R.EFUGEESAI\TDPROTECTEDPER,SONS

I

t'

The Refusees Bill,2016 389

THE REFUGEES BILL,20L6

A BilI for

AN ACT of Parliament to provide for the recognitionand protection of refugees; to give effect to theConvention Relating to the Status of Refugees, theProtocol Relating to the Status of Refugees and theOAU Convention Governing the Specific Aspects ofRefugee Problems in Africa and for connectcdpurposes

ENACTEI) by the Parliament of Kenya &s

follows-PART tr-PRELIMINARY

1. This Act shall be cited as the Refugees Act, 2015and shall come into operation upon the expiry of ninetydays from the date of publication.

2.ln this Act, unless the context otherwise requires--

"Appeal Board" means the Appeals Board establishedunder section 11 of this Act;

o'asylum"' means protection granted by theGovernrnent to persons qualiffing for refugee s'tatus inaccordance with the provisions of this Act;

"asylum seeker" means a person who has soughtasylum, whether a formal application has been mado for itor not;

"auth onzed officer" includes the Commissioner forRefugees Affairs, refugee officer, a settlement orimmigration officer;

"Cabinet Secretary" means the Cabinet Secretaryresponsible for matters relating to refugee affairs";

"Commission" means the Kenya RefugBE,Repatriation and Resettlement Commission establistredunder sectionT of this Act;

o'Cornmissionef' means the Commissioner forRefugee Affairs appointed under section 9 of this Act;

"country of nationality" in relation to a person whohas more than one nationality, means each of the courtriesof which that person is a national;

Short titl€ andcomtnenccm€nt.

Interpretation.

I

The Relasees Bill,2016

"designated area" means any reception area, transitpoint or settlement area as may be declared by the CabinetSecretary.

"eligibility coilrmittee" means the national eligibilityconrmittee as established under section 15 of this Act;

"essential services" include educatiotr, health, waterand sanitation services;

"local integration" means the gradual process throughwhich refugees are incorporated into the society through aprocess that ensures that refugees attain broader rights,have improved standards of living and positively contributeto the social life of the host counS;

"memberc of family of a refug€€", in relation to arefugee means -

(a) any spouse of the refugee;

O) any child of the refuge€, including an adoptedchild under the age of eighteen;

(c) a person who is related to the refugee by blood ormarriage and who is dependent upon the refugee;and

(d) any other dependent living in the sarne householdas the refugee and who is dependent on therefugee.

"minor" means a person below the age of eighteenyears;

'hon-citizen" means any persion who is not a citizen ofKenya;

"OAU Convention" means the Organization of AfricaUnity Convention Governing the Specific Aspects of theRefugee problem in Africa, done af eddis A6aba on 10th

Septe-mGr, 1969 and ratified by Kenya on 28tr December,r987;

"protocol" means the Protocol relating to the status ofrefugees, done at New York on 3l't January 1967 andacceded to by Kerrya on 13th November 1981;

"prima facie refugee status" a declaration of refugeestatus by the Commission in respect of large scale influxesof persons on the basis of the readily apparent

The Reluyees Bill,2016 391

circumstances in the country of origin giving rise to theexodus;

"reception atea" means an area or premises designatedfor the reception and processing of asylum seekers andincludes an area or premises where registration and statusdetermination are undertaken;

"refugee officet'' means an officer responsible forrefugee matters under this Act and answerable to theCommissioner;

'orefugee settlement" means a refugee settlementestablished in accordance with sections of this Act

"refugoe", has the meaning assigned to it undersection 4 of this Act and includes an asylum seeker;

"separated minor", means a minor who is separatedfrom both parents or from his or her previous legal orcustomary primary care-giver, but not necessarily fromother relatives and may therefore include a child who isaccompanied by other adult family members;

"settlement officer" means a person appointed to be incharge of a designated area;

"spouse" includes a cornmon law spouse;

"transit centre" means areas designated by theCommissioner for the purposes of temporarilyaccommodating persons covered under this Act pendingtransfer to the reception centers or refugee camps;

"Trust Fund" means Kenya Refugee Trust Fundestablished under section 55 of this Act.

"torture" means any act by which severe pain orsufferitrg, whether physical or mental, is intentionallyinflicted on a person for the pu{pose of-

(a) obtaining information or a confession from theperson or from a third person;

(b) punishing the person for the act which that personor a third person has committed or is suspected ofhaving committed;

(c) intimidating or coercing that person or a thirdperson; or


(d) for any reason based on discrimination of anykind when such pain or suffering is inflicted by orat the instigation of or with the consent oracquiescence of a public offrcial or other persotracting in an official capacrty, but does not includepain or suffering arising only from, inherent in orincidental to lawful sanctions.

'trnaccompanied minor" means a minor who isseparated from both parents and other relatives and is notberng cared for by an adult who, by law or custom, isresponsible for doing so; and

"United Nations Convention" means the UnitedNations Convention relating to the status of Refugees, doneat Geneva on 28tr July, l95l and acceded to by-Kenya onl3thNovember, 1981;

3. A person is a retugee under this Act, if- m#,itowiog to a well-founded fear of being persecutedfor reasons of race, religion, nationality,membership of a particular social Soup, politicalopinion or sex the person is outside the country ofhis or her nationahf and is unable or, owing tosuch fear, is unwilling to avail himself or herself ofthe protection of that country; or

not having a nationalrty and being outside thecountry of his or her former habitual residence, theperson is unable or, owing to a well-founded fearof being persecuted for reasons of race, religion,membership of a particular social group, politicalopinion or sex, is unwilling to retum to it; or

owing to extemal aggression, occupation, foreigndomination or events seriously disturbing publicorder in either part or the whole of his or hercountry of origin or nationality, he or she iscompelled to leave his or her place of habitualresidence in order to seek refuge in another placeoutside his country of origin or nationality; or

the person is a member of a class of personsdeclared under subsection (2) to be refugees.

(2) Subject to subsection (3), if the Commissionconsiders that any class of persons are refugees as defined


in paragraph (a), (b), (c) or (d), the Commission maydeclare such class of persons to be refugees, and may at anytime amend or revoke such declaration.

Provided that no such amendment or revocation shallaffect the right of any persor-

(i) who is a member of the class of persons concernedand who entered Kenya before the date of suchamendment or revocation, to continue to beregarded as a refugee for the purposes of this Act;or

(ii) who is a person referred to in paragraph (a), (b),(c) or (d), to be recognized as a refugee for thepurposes of this Act.

(3) The Commission shall cause any declaration undersubsection (2), and any amendment or revocation, to bepublished in the Gazette or in such other manner as itdeems fit and shall ensure that it is brought to the attentionof authorized officers and persons to whom it relates.

4. This Act shall not apply to-a person who is presently receiving from organs oragencies of the United Nations other than theUnited Nations High Commissioner for Refugeesprotection or assistance; and

a person who is recognized by the relevantauthorities in Kenya as having the rights andobligations which are attached to the possession ofthe nationality of Kenya.

a person with respect to whom there are seriousreasons for considering that

has coflrmitted a crime against peace, a war crimeor a crime against humanity, as defined in anyinternational instnrment to which Kenya is aparty and which has been drawn up to makeprovision in respect of such crimes;

has committed a serious non-political crimeoutside Kenya prior to his or her admissionto Kenya as a refugee; or

guilty of acts contrary to the purposesprinciples of the United Nations

Exclusion fromrefugees status.

has beenand

The Relugees Bill,2016

Organization or the African Union.

5. A p€Iton ehall cease to be a refugee for thepurposss of this Act if such a person-

vohmtarily re-avails himself or herself of theprotectiom of the country of his or her nationality;

having lost his or her nationality, the personvoluntarily re- acquires iq

becornes a citizen of Kenya or acquires thenationality of sorne other counfiry and enjoys theprotection of the country of his or her newnationality;

voluntarily re-establishes himself or herself in thecotrnfry which he or she left, or outside which heor she remained owing to fear of persecution;

can no longer, because the circumstances incounwtion with which he or she was recognized asa refugpc u&r this Act hss cesed to exist andcuntinues to rcftrs'e to avail himself or herself ofthe prct+ction of tre country of his or hermtionalrff;

being a person who has no nationality, because ofthe circumstances in connection with which he hasbeen recognized as a refugee have ceased to existand is able to return to the country of his or herformer habitual residence;

(i)

Cessation ofrefugee status.

Administrativeinstitutions.

Establishment ofthe Commission.

(ii)

(iii)

(iv)

(v)

(vi)

Providd thnt @ (e) and (f) shall not apply toa refugee falling under section 3(a) and (b) of this Act whois able to invoke cornpelling reasons arising out of previousperuecution for refusing to rehrn to the country of his orher forrner habitual residence.

PART I[-AI} E PROVISIONS

6. There is established-

(a) the Kenya Refugee, Repaffiation and ResettlementCommission;

O) the Secretariat for Refugee Affairs; and

(c) a Refugee Status Appeal Board.

7. (l) The Commission shall consist of-

The Refusees Bill,2016

(a) the Cabinet Secretary for the time beingresponsible for matters relating to foreign affain,who shall be the Chairperson;

(b) the Cabinet Secretary for tbc time beingresponsible for matters relating to intenral atrair$who shall be the Vice-Chirperson;

(c) a representative from the-(i) Ministy responsible for educatioru

(ii) Ministryresponsibleforlabor;(iii) Ministyresponsible forhealth;

(iv) Ministry responsible fm social welfare;

(v) Ministry responsible for devolution;

(vi) National Cohesion and IntegrationCommission;

(vii) Ministry responeible for Land;

(viii) Kenya National Cmmission for HumanRights;

(ix) United Nations High Commissioner forRefugees.

(2) The penlons referred to in zu@ragraphs (viii) and(ix) shall have advisory roles without th€ right to vote.

(3) The quonrm for a meeting of the Commission shallbe three members excluding the members reftrned to inzubparagraphs (viii) and (ix).

(S)Each member of the Commission shall have onevote but in case of equality of votes, the Chairperson shallhave a casting vote.

(6) Except as expressly provided in this Act, theCommission shall regulate its own procedure as it decmsfit.

8. The tunctions of the Commission shall be- Effi:H,S.*(a) to formulate a national policy on matters relating

to refugees in accordance with internationalstandards;

O) to ensure that the rights of refugees are upheld inaccordance with the international obligations ofKenya;

396 The Refusees Bill,2016

(c) to make a declaration of refugee status in respectof large scale influxes of refugees;

(d) to ensure that adequate and appropriate facilitiesand services are provided for the reception andcare of refugees; and

(e) to propose and ensure the provision of durablesolutions for refugees.

9. (1) The Secretariat of Refugee Affairs shallcomprise of the ofEce of the Commissioner for RefugeeAffairs whose office shall be an office in the Public Serviceand such staff as may be necessary to perform theimplementation functions of the Commission.

(2) The Secretanat shall perform administrativefunctions as shall be determined by the Commission.

(3) The functions of the Commissioner for Refugeeaffairs shall be-

(i) to assist the Eligibility Committee to undertakeindividual refugee status determination ofpersons who are not pwt of an influx in respect ofwhom a prima facie declaration of refugee statushas been made by the Commission;

(ii) to work with the United Nations HighCommissioner for Refugees in finding durablesolutions for refugees, including voluntaryrepatriation, local integration and resettlementwhere applicable;

(iii) to receive applications for refugees status andsubmit them to the eligibility Commiffee;

(iv) to register applications for refugee status andmaintain a register of asylum seekers andrefugees;

(v) to co-ordinate the provision of adequate facilitiesand services for the reception and care ofrefugees and asylum seekers within Kenya;

(vi) to ensure that an applicant for refugee status isnot ordered to leave the country before his or herclaim for refugee status has been determined inaccordance with the provisions of this Act;

(vii) to implement and communicate with applicantsthe decisions of their status; and

The Secretariat forRefugee Affairs.

The ReluSees Bill,2016 397

(viii) to exercise any other fuirctions and duties thatmay be assigned to him or her by the CabinetSecretary under this Act.

(3) The Commissioner shall comply with instructionsthat the Commission may assign the Commissioner in theperformance of his or her functions specified under thisAct.

(4) The Commission may assign to officers oremployees in the Public Service, any of the powers andduties imposed upon him or her subject to such conditionsas the Commission may determine.

Provided the provisions of sub-section (4) shall beinvoked only if the substantive Commissioner and his orher deputy are either absent from the country or indisposedor unable to perfonn by reason of having been relieved ofduty.

10. The functions of the Secretariat of Refugee affairsshall be-

(i) to handle all operational aspects of protection andassistance of refugees;

(ii) to consider applications of refugee status andasylum;

(iii) to consider and make recommendations to theCabinet Secretary on applications for family re-unification with recogRizedrefugees in Kenya;

(iv) to consider and make recommendations to theCabinet Secretary on requests from refugees forsettlement in Kenya;

(v) to advise the Cabinet Secretary or theCommissioner on any maffer referred to thesecretaiat.

Functions of theSecretariat.

11. (1) There shall be an Appealconsist of-

BOard which shall Establishment ofthe Appeal Board.

(a) a judge of a Superior Court appointed by theChief Justice who shall be the Chairperson;

(b) a representative of the Kenya NationalCommission for Human Rights;

(c) a representative of the National Cohesion andIntegration Commission;

398 The Refiugees Bill,2016

(d) a representative of the Immigration Deparfrnent;and

(e) a representative from the United Nations HighCommissioner for Refugees who shall play anadvisory role without the right to vote.

(2) The Appeal Board shall meet at such time andplace as the Board may determine.

(3) The quorum for a meeting of the Appeal Boardshall be three members.

(4) Each member of the Appeal Board shall have onevote but in case of equality of votes, the Chairperson shallhave a casting vote.

(5) The function of the Appeal Board shall be to hearand determine appeals against any decision of theSecrctariat with regard to -

(a) the rejection of any individual application forrefugee status; and

(b) the cancellation and termination of refugee status.

12. The conduct and regulation of the business and conductorthe

anfairs ortne apfeal Board slitt u. as provided in the First AppearBoard

Schedule to this Act.

PART IN-APPLICATION FOR REFUGEE STATUS

13. (l) An application for the grant of refugee status Applicationfor

shall be iniae to-fue secretariat of-rrcfugee affalrs, either retugeestat,s'

directly or through any authorized oflicer or officer of theUnited Nations.

(2) An authorized officer to whom any percon seekingrecognition as a refugee first presents himself or herselfshall refer that person to the nearest offrce of the secretariatof refugee affairs and shall, as soon as possible, notiff theCommissioner that a person seeking refugee status hasentered into Kenya.

(3) An application for recognition as a refugeereceived by any authorized officer or offrcer of the UnitedNations shall be fonvarded to the Commissioner.

(4) The Commissioner shall, on receiving theapplication, invite the applicant to appear before him orher, to provide oral or documentary evidence, accompanied

The Refusees Bill,2A16 399

by a legal practitioner from a prescribed list of thesecretariat pool of lawyers, if he or she so desires, whosefees or expenses, if any, shall be paid by the Secretanat forrefugee affairs.

(5) The decision of the Comrnissioner to grant or notto grant the application shall be notified to the applicant inwriting and where the application is refused, thedepartment shall give reasons for the refusal.

(6) In applying for refugee status the applicant shall-(a) filt in a prescribed application form and the

application shall be registered by an authofizedofficer within the local area of his or her point ofentry into Kenya.

(b) In addition to the application form, be entitled tomake any statement and submit evidenee insupport of his or her clairn, if the applicant sowishes.

(7) The aufhorizedofficer shall interview the applicantin a language that the applicant understands, and reduce thointerview into writing.

(8) The transcript shall be read to the applicant in a

language that the applicant understands and provide anopporhrnity to the applicant to make coffections before it issigned by both the interviewing officer and the applicant.

(9) If the applicant does not wish to sign the transcriptthe reasons for declining shall be indicated on thetranscript.

(10) The authonzed officer shall within thirfy daysfrom the date of the interviews transmit the decision onwhether to grant refugees status to the applicant, anystaternents, transcripts or evidence in support of anapplication to the Commissioner.

(11) The Commissioner shall upon receipt of thedecision submit it before the Eligibility Committee andensure that the Eligibility Committee convenes and reviewsthe decision within a period of sixty days from the time ofmaking application.

(12) The Commissioner may for reasonable causeextend the period referred to in subsection (10).

The Relusees Bill,2016

(13) The Commissioner shall issue a temporary pass tothe applicant pending registratioll.

14. (l) A public benefit organization may participatein refugee status proceedings by presentation of oral orwritten submission on behalf of a person seeking refugeestatus before the authori zed officer.

(2) fui official representing an org anization referred toin sub section (l) may also make oral or writtenrepresentation dtring appeals.

15. (l)There is established a National EligibilityCommittee which shall consist of the following members-

(a) the Commissioner for Refugee affairs;

(b) not less than four other members appointed by theCabinet Secretary from the following deparfirrentsin consultation with their respective CabinetSecretaries-

(l) a representative of the Director of PublicProsecutions;

(ii) a representative of the Ministry of Interior;

(iii) a representative of the Inspector General ofPolice; and

(w) a represeirtative of the Director ofknmigration Services.

(2) The refsentative of the office of the UnitedNations High Commissioner for Refugees in Kenya shallbe invited to attend the meetings of the Committee as anobserver.

(3) The Office of the Commissioner for Refugees shallprovide the Secretariat to the Committee.

(a) The Cabinet S.*ti.y may, when necessary co-optfor a specified period not more than two additionalmembers to the Committee who shall have no right ofvote.

(5) Except as expressly provided in this Act, theCommittee shall regulate its own procedure.

16. (l) The Eligibility Committee may- #j *ffffi,,,$(a) investigate and seek all relevant information from committee'

appropriate sources within and outside the country;

Participation inRefugee statusproceedings.

Establishment ofthe NationalEligibilityCommittee.


O) be at liberty to surnmon the applicant before itwhenever deemed necessary to clariff or answerquestions pertaining his or her claim for refugeestafus and, or asylum; and

(c) invite any other person to appear before it and mayconsider any other relevant or written submissions.

(2) The recommendations of the Eligibility Committeeshall be referred to the Commissioner who without delayshall make a determination and cause the applicant to beinformed of his or her decisiorr.

(3) The Commissioner shall inform the representativeof the United Nations High Commissioner for Refugees inKenya of the Cabinet Secretary's decision without delay.

(4) In dealing with an application under this section,the applicant may be permitted to bring along a competentinterpreter if necessary.

17. (l) A person aggrieved by a decision of theEligibility Committee under this Act ffioy, within thirtydays of receiving the decisiotr, appeal to the Appeal Boardagainst the decision.

(2) An applicant who is aggneved by a decision of theCommissioner not to recognize him or her as a refugeeffioy, through his or her representative or other interestedpafly, appeal to the Appeal Board, within thirty days ofreceiving written notification of the decision.

(3) An appellant may be personally present at thehearing of the appeal and may be assisted or represented bya legal practitioner if he or she desires in providing oral ordocumentary evidence.

(4) The Commissioner shall make oral or writtenrepresentations in respect of any decision appealed against.

(5) A person aggrieved by the decision of the AppealsBoard may within thirty days of such decision appeal to theHigh Court.

18. Despite the provisions of the Kenya, Citrzenshipand Immigration Act, no proceedings shall be institutedagainst any person or any member of his or her family inrespect of his or her unlawful entry or presence withinKenya if such a person -

Appeals.

Institution ofproceedings forunlawful presencein Kenya.

Cap. 172.

N2 The Refusees Bill,2016

(a) has made a hona fide ap,plication for recoguition as

a refugee- until a decision has been made on theepplicaHon and, where appropriate, such personhs had qn opportunity to exhaust his or her rightof apBeal; ffi

(b) has beces'rc a refugee.

t*. r#here it is estebtrished that a person or a group ofWpIe seeking nefugee stetus eonres from an area of a

country that is affbcted by a notifiable infectious disease,the Frson shall be quarantined in a special holding centrein order to ensrxre public safety and eecurity while his orher application for refugee status is being processed.

20, (1) The Commissioner shall have the power tocancel a ne.fugps st*tus whe,re-

(a) a person recognized as a refugee has fraudulentlyrmisrcpnesented CIr efilitted rnaterial facts which, ifknoum, eot*d have ehanged the decision tores"gptffi thet H-ffi a.$ a refugee; or

&) rcur evifuee beeemm av'eihble that a personehould mt have heen rreognised as a refugee.

(A) Befaf;E eamee,Itttrg a refugee status, theCommissiorcr shall cause a written notice to be servedrlpn the refuSse-

(a) informing him or her of the fact that his or herstatus as a refugee is to be reconsidered;

(b) inviting him or her to rnake written representationsto the Cemr$issisner within a period of thirlry daysfrom the date of service of the notice or suchlonger priod &$ the Commissioner may allow,regarding his m her status as a refugee; and

(e) inviting him or her to an interview in order to statehis ffi her et*se with the dapart{nent of refugeeaffairs, accorynpanied by a legal representative, ifhe or she so desires.

(3) The Cornmissioner shall consider every casenotified to a refugee under subsection (2) and may makeany inquiry or investigation it thinks necessary into suchcase.

(4) After considering all the evidence, theComrnissioner based on a legal assessment of the ease maycancel the recognition of the refugee concerned and notiff

Asylum seekersfrom regions withhigh infectiousdisease.

Cancellation ofrefugee status.

The Refugees Bill,2016 403

the person together with reasons for the decisioil, within aperiod of twenty-one days of the date of the decisiotr.

(5) A person who is aggrieved by a decision of theCommissioner to cancel recognition sf his or her refugeestatus ffiay, within thirty days of being notified of suchcancellation, appeal in writing to the Appeal Boand as ofright.

(6) The Appeal Board shall invite the appellant to bepresent at a hearitrg, to be assisted or repreuented by a legalpractitioner from a list of prequallfied legal practitionersprovided by the refugee secretariat or any other person ofhis choice, if he or she so desires, and to present oral ordocumentary evidence.

(7) The Commissioner shall rnake oral or writtenrepresentations in respect of any appeal brought under thissection

(8) After considering all the evidtrnc€, tlie AppeulBoard may confirm, vory or set aside the decisign of thedepartment of refugee affairs and shall Gause th6department of refugee affairs and the persoil coilcerned tobe informed of its decision in the rnetter, together withreasons.

(9) Where recognition as d refugee is Gnncelled, thatperson shall be deemed not to have been recognized aB Brefugee.

(10) Cancellation of refugec statue rmder this sectionshall not affect the family menrbers or dependents whobenefit from derivative status.

Provided that nothing in this seetion shall prevcrlt Imember of the farnily of the per$on edncerned ftornapplying for and being considered ae a refugee.

21. (l)The Cabinet Secretnry msy revoke the refugeestatus of a person where there are res$oflable gfoundr f,sT

regarding that the person is a danger to itational securif/ orto any community of that rountry, Ilfovided th&t e

revocation of a member of the family does not result in arevocation of those who derived their staffis from thepgrson.

(2) The procedure referred to in section 20 shall applybefore the Cabinet Secretary revukes the refugee status ofa person.

Rsvooatiotr ofrefugee st[h,lg,


22. A person who applies and is granted refugee statusin Kenya and is a national of a Member State of the EastAfrican Community shall enjoy all the rights and privilegesconferred on the "Community nationals" as set out in theTreaty and Protocols for the establishment of the EastAfrican Community.

23. (1) During the refugee status determinationprocess, the applicant has-

(a) the right to-(i) be fully informed by the department of

refugee affairs, in a language he or sheunderstands, where necessary, through aninterpreter provided free of charge by thedepartment, of the process and of his or herrights;

(ii) be in contact with the Office of the UnitedNations High Commissioner for Refugees orany other organization which may assist theapplicant;

(iii) be represented by a legal practitioner or otherperson of his or choice in the process;

(iv) (iv)receive a reasoned, written decision in thecase of a negative decision; and

O) the dutyte(i) comply with lawful orders of the State and co-

operate with competent authorities in theperfonnance of the official duties;

(ix) submit all documents in his or her possessionwhich may be used to establish his or heridentity, nationality, os well as the manner ofhis entering Kenya;

(x) certiff to the competent authorities wherepossible of his or her identity, the date andplace of bffi and his or her family status anddetails of family members in case he or shedoes not possess any identity documents;

(xi) observe all laws governing reception, transit,registration and residence of refugees;

Recognition ofrefugees in theEast AfricanCommunity.

Rights duringstatusdeterminationprocess.


(xii) keep the department of refugee affairsinformed of his or her address and complywith any instnrctions of the State concerninglocation of residence;

(xiii)provide the competent authorities with fulland tnre information.

24. (l) The Commissioner shall ensure that specificmeasures are taken to ensure the dignity and safety ofwomen and children seeking asylum and children who havenot been granted refugee status at all times stay in thecountry.

(2) The Commissioner shall ensure that a child who isin need of refugee status or who is considered a refugeeshall, whether or not accompanied, receive appropriateprotection and assistance.

(3) Female applicants for refugee status shall have theright to a fernale interpreter and to be interviewed,wherever possible, by female members or officers of theCommissioner or the Appeal Botrd, as the case may be, aswell as to be treated in accordance with appropriateadministrative procedures.

(4) Where the applicant is an unaccompanied orseparated minor, the Commissioner or the Appeal Board, asthe case may be, shall ensure that appropriate proceduresare follow€d, including, in the case of any unaccompaniedminor, by facilitating the appoinfinent of an independentrepresentativo, who shall be duty bound to act objectivelyin the best interests of the minor.

25. The Commissioner shall ensure that appropriatemeasures are taken having regard to the specific nature ofevery sihration to ensure the safety of asylurn seekers andrefugees who suffer from disability and persons or groupsof persons who have been traumatized or otherwise requirespecial protection at all times during admission into andstay in Kenya.

26. (l) A person who has applied for recognition as arefugee, and every member of his or her family shall havethe right to remain within Kenya-

(a) until such person has been recognised as a refugeeunder that section;

Rcfugee Womenand Children.

Care for personswith disability andpersons who havesuffered trauma.

Right to remain inKenya duringstatusdetermination.


(b) in the event of the'application of such person beingrlnsuccessful, until such person has had anopportunify to pxhaust his right of appeal this Act;

(c) whcre such person has appealed under section 17,and hie or her appeal has been unsuccessful, untilsueh perfion has been allowed a reasonable time,not exepsding three months to seek adrnission to a$oun-tly of his or her chsice.

(2) The Commission frtr!, on application being madeto it by the pgrson CIooeerned, extend the three-monthperiod referred to in paragraph (c) if it is satisfied that thereis a reasonable likelihood of the person being admitted to acountry of his or her choico within such extended pi:riod.

27, (1) A person rvho has submifted an application forrefugee status in aecordance with the Act shall be issuedwith a temporary pass valid for ninety days and it shall beevidenss that the person has applied for refugee status inKenya,

(2) Every member of the family of the applicanl shallalso he issued with a similar document.

(3) The temporary pass issued under this Act shallentitle the apBlicant and all the members of his or herfamily ts remain in Kenya-.-

(a) until his or her application is granted or rejectedand no appeal has been filed with the Appealscommittee; and

(b) until that person has exhausted his or her right ofappeal,

(4) A temporary pass issued under this Act shall berenewed after the expiry of ninety days until all rightscon$ected with or incidental to an application for refugeestatus have been exhausted.

PART IV.-RECEPTTON FOR REFUGEES

28. (l) The Commissioner shall by notice in theGazette designate refugee reeeption officers responsible forEvery gaaetted and authorised entry point into Kenya.

(2) The designated reception offieer shall liaise withthe Refugee Eligibility Commiffee and the officeresponsible for refugees.

Applicant to beissued with anasylum seekgr'spass.

Designation ofrefugee receptionofficers.

t*


29.The duty of a refugee reception officer shall be- RII#jr*.***(a) to give applications and guidelines for refugee officet'

status to every person who wishes to apply forrefugee status at the point of entry;

(b) to receive all persons who have applied for refugeestatus or wish to apply for refugee status;

(c) to take photographs and biomehic data of asylumseekers and members of their families;

(d) to question and search any percon or properly as heor she may deem necessaxy and appropriate, andwithin the law and with strict regard to the drgutyand decency of the person in question;

(e) to screen asylirm seekers so as to ensure that thOypose no public health hazxd to the localpopulation and to ensure those who may pose suchrisk are isolated and urgently prorided witli thenecessary medical attention; and

(0 to ensure early and smooth separation of civilianasylum" seekers from any armed' combatants andthat the civilian asylum seekers and armedcombatants are located in separate locations.

30; An asylum seeker or refugee entering Kenya shallreport to the nearest reception center or governmentadministrative centre upon enfiy into Kenya.

3I. (l) Every asylum seeker or refugee who bringsanns or ammunition into Kenya shall immediatelysurrender such arrns or ammunition to an authoflzedofticer.

(2) The authorized officer may by order in writing,direct that any asylum seeker or refugee in his or her areashall, within such time as may be specified in the order,surrender to an authorized officer any weapon so specifiedwhich is in his or her possession unless-the person has cap'll4'

authority to retain the weapon in accordance with theFirearms Act.

PART V-RIGHTS AI\D DUTIES OF RET'UGEESAI\D ASYLT]M SEEKERS IN KEhIYA

32, (l) Subject to this Act every refugee and every Rights oI

asylum ri.'k r *itfrio Kenya shall be-entitlei to the righis [i*ff",r**and be subject to the duties contained in- inshuments.

Entry' into Kenyaby asyltrm seekersor refugees.

Surrender ofweapons.

408 The Refueees Bill,2016

(i) the Articles of the United Nations Conventionwhich are set out in Part I of the Second Schedule;and

(ii) the Articles of the OAU Convention which are setin Part II of the Second Schedule to this Act.

(2) The Cabinet Secretary ffiay, by notice in thegazette, designate places and areas in Kenya within whichall-

(a) persons who have applied for recognition as

refugees;

(b) members of the families of persons referred to inparagraph (a);or

(c) classes of persors, as may be specified in thenotice shall live.

(3) Subject to the provisions of this Act, everyrecognized refugee within Kenya shall, in respect of wage-earning employment, be entitled to the same rights and besubject to the same restrictions, if any, that axe conferred onpersons who are not cittzens of Kenya.

(4) Despite subsection (3), a recognized refugee shallbe subject to any such restriction imposed for the protectionof the national labour market.

33. (1) A refugee or a member of the refugee familyshall not, except on grounds that the expulsion is necessaryfor reasons of national security or in pursuance of adecision reached after due process, be rejected at the

. border, expelled or exhadited or returned from Kenya toany country where there are substantial grounds forbelieving that such a person-

(a) (a)would be persecuted for reasons of tace,religion, nationality, membership of a particularsocial group, political opinion or sex, within themeaning of section 3; or

(b) life, physical integrity or freedom would bethreatened owing to external aggression,occupation, foreign domination or events seriouslydisturbing public order in a part or the whole ofthat cotrrs, within the meaning of the OAUConvention.

Non-Refoulement.

The RefuSees Bill,2016 N9

Provided that nothing in subsection (l) shall preventthe expulsion, under the provisions of any law, of a refugeeto any country whatsoever where, in the opinion of theCommission after consultation with other relevantauthorities, such removal is necess&ry, on the grounds ofnational security or where the refugee constifutes a dangerto the community.

(2) Despite subsection (1), no refugee or a member ofhis or her family shall be expelled, extradited or returnedfrom Kenya under any circumstances whatsoever to acountry where there are substantial grounds for believingthat the refugee or his or her family would be in danger ofbeing subjected to torture, within the meaning of Article 3

of the United Nations Convention Against Torhre andOther Cruel, Inhuman or Degrading Treatment orPunishment.

(3) For the purposes of determining whether there areany such grounds referred to in paragraphs (a) and (b), theCommission shall, after consultation with other relevantauthorities, take into account all relevant considerationsincluding, where applicable, the existence in the country ofconcern of a consistent pattern of gross violations of humanrights.

34. A person who has been granted refugee status andis in possession of a valid identity card issued by theCommissioner shall, in order to facilitate his or her localintegration, be allowed to engage in gainful or wageearning employment on the most favorable treatmentaccorded to foreign residents in similar circumstances.

35. (1) A refugee who is residing in a designatedrefugee settlement or a refugee area shall have free accessto use land for the pu{poses of cultivation or pasturitrB,except that they shall have no right to sell, lease orotherwise alienate the land that has been allocated to themstrictly for their individual or family utilization.

(2) A refugee shall not acquire or hold freeholdinterest in land in Kenya.

(3) A refugee who resides outside a designated refugeecamp as a tenant may legally acquire or dispose of his orher occupancy or leasehold interests in land, as the lawprovides.

Access toemployment.

Access to land.

, 4to TTlv' Refirgee s, Eill, 20 1 6

ffi, (l}Ever,y rcfugoe child shall be enrtitled to primary Education tur

€ercafid fi affi&fu'E witft the laws of Kerya *a o,."y rEtugees'

ffiryG s&# rfrs eSrE$ to pmtioipm ib afult educatioar lir,o. I4or20I3.

shail lErc Gffii*fsd e & w fin areordhnce with the tsasicEfr*iqrAeemhl

@) etrf E#EFp ffi hc ffi to post prirnaryqeeilib!il io @e wiift crfu @ by the Cabinet

I Scmyioffiwil&ffiii$fficfim.($Ifhq Ca&Aw &cretry ih consullation with the

Caedlffi Secneffiy respon*ible' ficr mafers relating to

1 efucdiooshaflimakGrulixprescribfu4g-

(a) ftes; and'

r @):pmsoribiag arly rmfr€r trat may need to ber r€grrffid &s purposes, of bet&r and effectiveirnpthrnem$atiirn of diie scction.

I gf.AmfrilhoGmnkronrnffrgeeslfrdflbecntitledbbe work^pErmitftr

iimd wilh a;rd' pmit uFoE ilr*i"gr an, application in retus€es"

qqF$tm? Eifr & EcilEe rulg and tmmigrationAatr"2m[..

t8'(t')AhrenmEnffiiry'tfteffi #es inKenya, who *lg5.13""*Enrems 4iE u e'ry4&E frrcittseosEip in Kenya may do ,k'*,r

I ss.cBhistmhousr,b#f anditfuat of his or her spousemdi ry diaffit minor chilifoen

(2),A pemonwith reftgee sBtus who acquires Kenyacitizenship shall cease to be arefugee.

Sr (tt): Whcre a rofiryga is subject to an expulsion 9.bi".*s*T*vorder, te rercvant autlioritiis shall inimediately notiff ttre AHHffifCabinet Secrehry in, writing.

(2). Eefuc re ex0ul$on' ordq i+ isse4 the CabinetShetuffiry sliall,eause aiunittetr'notisefo be served upon the

@Fultmi*@ qr&iffie oS euryilbiane informing such affigce-

(g)'the inrention to exlpli himisuhec and the counfiyto-w"hich itis proposed'b expel'him orher;

(b) his or her right to make representation to theAppeals Board.

I tf) The Cabinet Secretary shall, within twenty-onedays before an expulsion order is issued, inform the

1

The Refu,geu Biill" Nl,6 +ilil

I

r,epresentative of the United Nations High Cornmimionmf,otr Refugees of the proposed expulsion, aud provide the

issioner-

{a} (a)a copy of the rnrriffi Gotisc ihsnmd u&subsection Q);

fr) the reasons for regardiry fu rfifiryEB ils a fuuU mnational security, and

(c) assistance to have ffi ad cmffi&ntialac,csss to the refugm furing any period ofdetention.

(4) A refugee, ulron whsm a aofrie bns been sertredunder subsection (2) ntny, ftffiryh fts reprmerfiative of theUnitd Nations High Comuaiissiomer for Refugffi, wiffiin aperiod of fotrrteen days from the date of slrcfu serrtice, mnil(s

wrime,n repres€ntations to the Cabiilst SW5r, in respectof the -

(a) the necessity on the gnw* of mtimal souttity ofexpelling him or her ftom l(rnlq

(b) the pssibilrty of being pusoctrtd m of his or Mlife or freedom being M in the muntry towhich it is proposed to eirpcl himr on account of hisor her racr, religion, nntionality, mernbership of aparticular eocial group or political opinioq sr onaccount of external aggression, occupation, foreigndomination or events seriously disruprng publicorder in part or tlre whole of thst country; or

(c) the possibility of him or her being subjected totorture in the counfiry to which tre is to be expell€d

(5) Before the expulsion ftom Kenya of any refugce isordered, the Cabinet Secretary shall, after consulBtion withother relevant state authorities, give due consideration toany representations made under subsection (4).

(6) The execution of any order for the expulsion of arefugee shall, if such refugee or the representative of theUnited Nations High Commissioner for Refugees sorequests, be delayed for a reasonable period, ffid in anycase not less than ninety days, to enable such a refugee toseek admission to a cor:ntry other than the country to whichhe or she is to be expelled.

412 The ReIugees Bill,2016

40. (l) The Cabinet Secretary ffioy, after consultationwith other relevant state agencies, direct that a refugeeawaiting expulsion shall not be detained but shall remain inKenya subject to any of the following conditions-

(a) that the refugee shall reside at a place or within anarea specified by the Cabinet Secretary;

(b) that the refugee shall not depart from the place orarea or only depart from the place subject to suchconditions as may be specified by the CabinetSecretary;

(c) that the refugee shall give recogRizances for his orher good behavior in such form and subject to suchconditions as may be specified by the CabinetSecretary;

(d) that the refugee shall report to the police or suchauthority as may be specified by the CabinetSecretary in such manner as he may determine;

(e) that the refugee shall not take an active part in thepolitics of Kenya or of any other counfiy or takepart in such activities, being activities of a politicalnature, as may be specified by the CabinetSecretary; and

(f) such additional conditions as the Cabinet Secretarymay consider expedient.

(2) The Cabinet Secretary ffi&y, at any time, withdrawor modiry a direction made under subsection (l).

(3) A refugee to whom subsection (l) applies and whofails to comply with any condition specified in thatsubsection commits an offence and shall upon convictionbe liable for a fine not exceeding one hundred thousandshillings or to imprisonment for a terrn not exceeding sixmonths or, to both.

41. (1) A person who has, in contravention of theprocedure laid down by the law, entered Kenya in order toapply for recognition as a refugee shall not be punished forthat act if the person arrives from a country where, his orher life and freedom have been threatened within themeaning of the United Nations Convention, the Protocoland the OAU Convention, provided that Kenya is the firstneighboring country of asylum.

Cabinet Secretarydirections on arefugee awaitingexpulsion.

Non-punishmentfor asylumseekers.

- The Refusees Bill, 2016 413

(2) A person seeking recognition as a refugee withinthe meaning of this Act, and who illegally enters Kenya oris illegally present in Kenya shall not-

(a) be declared a prohibited immigrant;

(b) be detained; or

(c) be imprisoned or penalised in any other manner byreason of his illegal entry or presence pending thedetermination of his application for recognition asa refugee.

42. (1) The Commission may declare any part ofKenya to be a designated area for the reception, transit orresidence of any refugee and may for that purpose authorisethe establishment in the designated area of refugee camps,settlement and reception centres.

(2) The Commissioner may, after consultation with therelevant agencies, make regulations, for the control andsupervision of designated areas, including refugee camps.

43. The Cabinet Secretary ffi&y, in writing and forsectrrity or other reasons, order arry refugee to reside in arefugee camp or settlement or such other place in Kenya asmay be specified in the order.

44. Where there is a large-scale influx of personsclaiming to fall within the meaning of refugees undersection 4, the Commission shall, after consultation with therepresentative of the United Nations High Commissionerfor Refugees, take action and advise relevant stateauthorities on emergency measures to be taken, including-

(a) designation of areas for reception, transit andresidence of refugees, having due regard to thesecurity requirement for refugees to be settled at areasonable distance from the frontier of theircountry of origin;

O) provision of adequate and appropriate facilitiesand senrices necessary for the group of personsaffected by the influx with particular reference towomen and children; and

(c) ensuring the civilian and humanitarian character ofareas designated for refugees and the sensitizationof the local population for their reception.

Declaration ofdesignated areas

by Commission.

Cabinet secretaryorders with regardto refugeesettlement.

Emergencymeasures to beundertaken.

t


PART VI-CONTROL OF DESIGNATED ARIASa5. (l)The Cabinel Secretary may, bJ notice in ,the Dedgnatodareas'

G. a&*F,.declare any p4$ Keaya to be a designated area.

(2) The Commissioner of Refugee affairs shall appoint

.? gffiSIryOI qf"qfff .{g Qp in charge of retugees settlement,recgg4igp, .transit,ar #.Sd.ence area f,or asylum seekers orJefugees.

(4) trn apy ins- umppJ, which describes a particularde+igrated ere? hy refer,enc,e to the narlrc of the place ortowR rryhe,rp it lF si$tated, ,er,afhef definite description, such

ffi shall be vatid and sufficient for all purposes.

##., {l) The Commissiouer rn?y, in consultation with,t&,G GfltflHef Sepretary, reqpire any asylwn seeker or refugeewho iq ,Witbl1r a designated arsa to move to or reside in anyg$'kr #$ffisi=e-d Prea'

(A) 4$ Aqylu1n seeker or pfugee to whom an order

mgd,p uhfuffis s.eption applies whe(+) &jts {o coryrply with such order;

G) fail$ to move to or take up residence in adeslgnated area in accordanrce with such orderwithin reasouable time; or

(c) having arrived at a designated ilrea, in prrsuanceof such order, leaves or attempts to leave sucharea, except in pur$uance of another order madeunder this' section, shall be guilty of an offenceunder this Act.

(3) The Cabinet Secretary as the case may be, mayvory, revise or cancel any order or requirement made by theCqmmissioner under this section.

(4) 4$ asylqry seeker or refugeg shall be allowed totea-,1re a designate.d apea as directed under this section unless

the fgfugee haq sought and obtainsd a perqit fromCommimionep as the case may be, and, subject to such

tems q,pd coBditions as the Coinmissioner or a SefflementOfficpf may ppescrihp in the perrnit.

Requiremept toreside in adesignated area.

I

The Rela7ees Bill,2016 4t5

(5) An asylum seeker or refugee may not be allowedto be out of a designated area for mofe than fourteeu day$unless the Comruissioner has allowed in,the pp,r,{nit a fongerperiod upon which an asylgm seeker or a refugee may stayoutside the designated area.

(6) An asylum seeker or refugee to wtrom a petmit orfravel docurnrint has been issUed under this seetion whofails to comp,ly l,yith the tem,s asd conditions shal'l be euiltyofan offence against this Act.

47. (l)The Cabinet Secretary Salt make ru.les for theconffo-l of dgsigpted areas

"apd, withor,rt ppejudice to the

generalrty of the foregoing, such urles ard directions rnaymake provision in respect of all or any of ,the followingmatters-

(a) th€ ,orgqnipgfisn, safety, discipline and

ffi,gfpde+impted.nf,&a'(b) th€ .r.egppfim, _fi_qasf.€,r, sEttlSment, freaffnent,

health Fnd wdl#epg of asytm $p*gr or refugpq;

(c) the m+uqGr of ineuiriug into drsciplinsry offmcese&d ffu Faymest of finp snd @pr penalties;

(4) the polrv,etrs of setflemenf efficers and th€

4elregatign of s,uch 1lowers-

(2) The Cormrpis+ioner shall give such orders ordirectiops, e$her orally or in urriFng, to any asylw seelcer

(a) to e$$ure that tlrs designated. area is administeredin"en,ordpdy gld gfficiCnt msnnsr;

(b) Uo eil$ure the perfgrrr.apce of any wod< or dufynecpqS4,ry for fh6 mai+fienerrc-e of essential servicesin the Sgsigqeted area or for the general welflue ofthc asylurm seekers or refugges;

(c) to ptlsw,e that All proper prepautions Are takeq topre$erve tlrp health and well-bein.g of thg il$ylwrts,PEksf$ ar fPfuePe$,

(d) to preqprve orderly conduct Artd discipline in thedeqignate{ area.

48. (l) The Cabirpt Secret4ry rnay establish by noticeppblishsd in the Kenya Gflzntte an administrative

Contrql ofderigaltd area.

Administration ofa designated area


organization for asylum seekers or refugees in anydesignated area.

(2) Such administrative organization for asylumseekers or refugees shall comprise ten cell leaders at thelowest level and village committees in designated areas orcouncils at the highest level.

(3) At every administrative level established under thissection, there may be established any of the followingcoilrmittees or subcommittees for undertaking any activitiesrelevant to the Committees-

(a) finance and administration;

O) law and order;

(c) Economic and planning; and

(d) Community development and social welfare.

(4) Asylum seekers or refugees leaders andrepresentatives at all levels of the administrativeorganisation established under this section shall be electedby secret ballot based on principles of equality anduniversal suffrage without any discrimination as basis ofsex, clan, tribe, nationality, race or religion.

(5) A designated area's council or village committeemay apply for registration of their council or committee as

a co{porate entity under the relevant law.

(6) The Cabinet Secretary may make regulationspublished in the Kenya Gazette providing for thefunctioning or better carrying out of any matter coveredunder this section.

49. (l)No person other than a person employed in arefugee camp or an asylum seeker or refugee shall enter adesignated area except with the permission of the CabinetSecretary.

(2) A person seeking to enter a designated area shallmake an application to the Cabinet Secretary in writingstating the time and reasons for such an application.

(2) A person may in a designated area address anassembly or meeting of more than five asylum seekers orrefugees whether or not such meeting is held in a publicplace.

Restrictions ofpersons enteringdesignated areas,"

The RrfuSees Bill,2016 417

(3) A person who contravenes the provisions of thissection commits an offence and shall upon conviction beliable to a fine not exceeding two hundred thousandshillings or imprisonment for a term not exceeding fiveyears or, to both.

PART VII -INTEGRATION, REPATRIATION ANDRESETTLEMENT OF REFUGEES

50. (1) The Commissioner shall ensure that refugeesare integrated into the communities where the refugees aresettled.

(2) The Commissioner shall sensitize the hostcommunities about the presence of refugees and any othermatters relating to their co-existence with each other.

51. The Commissioner shall liaise with the nationaland county govemments for the purposes of ensuring thatrefugee concerns are taken into consideration in theinitiation and formulation of sustainable development andenvironmental plans.

52. In the integration of refugees in the hostcofirmunities, the Commissioner shall, in cooperation withthe United Nations High Commissioner for Refugees andthe other organizations involved in the assistance ofrefugees, ensure that special attention is given to women,children and persons with disabilities.

53. (1) An asylum seeker or refugee shall have right atany time to return voluntarily to the counfry of his or hernationality or from which he entered Kenya and any actionor omission intended to prevent or restrict an asylumseeker or refugee from voluntary repatriation except in thedue process of the law is prohibited.

(2) A refugee who leaves Kenya on voluntaryrepatriation or who ceases to be a refugee for any othercause shall surrender all travel documents, identity cards,permits or any other documents which the refugee acquiredby virtue of being a refugee and may take with him or herany movable property which he or she lawfully ownsprovided the refugee complies with any existing lawsrelating to properly.

(3) Where adequate compensation has not been paid tothe refugee owner within one year from the time the

Integration ofrefugees intocommunities.

Consideration ofrefugee matters indevelopmentplans.

Affirmative actionfor women,children andpersons withdisabilities.

Voluntaryrepatriation.

+18 "fhe Refusees Bill, 20 16

refugee leaves Kenya, such property shall vest into ,fhe

Refugep Tr,.r+sl Fr&d.

,(4) The Tmlates Satil pay tlre rsguis'ie fair dadequate coffSffi*#ioa,to f,fue refugee Gwililff or h,io sr fuErlegal ,representativss or shatl selt thp ,Br,opsrfy at the marilrstpnce fhe ilIroceeds of urhich after deftiffibn ef ,its nscessarycp+,ts ehatl be paid to fhe refugae owmsr,otr fuis ,or her t#galreprmentrativgs.

(4) A pereca .ryho fails to coaryily ryith any provilsionof ilfois,s&pgui#En .*mmi,ts of am offmee u@r th.is Ast

'S4, (t) A ilffifqqgffi ffi#iffig in Kemya smy he rmeffiilsd

in any o#,ler oo,rur@ owtsfrdo Kenya

(2, A refugne residimg ffifsfudp Kemya $rny bpfor#enterimg Kenya 6md tfuough fu ffirifod Natime H[dlCommi-soiw f-or RefueBss sppily to the Cabinef SecresaryforrffiiilfioKcmya,

(3) A refrrgre shaill not bo alilo"rvd to eiltor Krmya untiltho reseffleuilpa$ into Kenya ha$ bsen granted.

(4) ThF Cabimf* $ecrefary on rsceiving amy applicationfor rm,effilemont in Kenya ohell consider ths application andmtuy submit it to fts Eligihilify Committee which shailmake r,ecomffisndafioas for fiilrther coilsideratiortr.

,(5) A psrson urho contravenee the provisions of thissection somrnits an oftmce under this Act,

55. (l) Ttrerp is establishsd a Refugee's Trust Fundwhich shall be managed by an accounting officer under thesupervision of Truoteeo whose numbpr shall not be lessthan five or rnorp than nine members.

(2) The Trustees shall consist of-(a) the Commissioner who shall be the Chairperson;

(b) the Representative of United Nations HighCommissioner for Refugess Branch Office forKenya;

(c) a representative from Kenya Red Cross;

(d) two refugees, one of whom shall be resident of adesignated nraa; and

(e) two other persons with experience in refugeematters appointed by the Cabinet Secretary.

Rm#mau-tofrcfiryees r,€fiidingin Keuya.

Embliohment ofthe RefugeesTrust Fund.

The Refusees Bill,2016 4*9

(3) The Trust Fund shall esnsist of monies' of theproperty -

(a), of a refrrgee who dies intestnte;

(b) which \ffias unlawfully acquired or which cannot belawfutly repatriated by the owner or possessor onvohmhry repatriation or reseffilement ordeportation outside Kemya;

(c)"which cannot be lawfully utilized by the refugeeowner, Fosessor or beneficiary.

(3) fire Trust Fund shall be a eharitable body capableof suing and being sued and shall' han e power to hold fixedand rnovable property which shall: be administered' inaceordance with,the recornrnendations of the Trustees.

(4); The TruBtees shal$ have'poT$ff-

(a): to duvise any larufufi means of raising funde and,prcperl,y incltrding receiving g1fts, presents,donations, from, srtlf parson.witliin sr outside.theeounffy; and

(b) to utiltre tlie fimdh"orproperty and in particular the'assistance of rofugees f,o find' dtuuble solutions.

(5) The quorum of,the Tnrstees shall: be a minimum,of.half of existing members and the Chairperson shall have aeasting vote in case of a tie.

(6), Except as expressly provided in this Act, theTnrstees shall regulate their own procedure as they deemtit.

56. The Fund shall be administered by an AccountingOfficer appointed by the Cabinet Secnetary who shall beunder the supervision of the Trustees.

(2) The Accounting Officer may, with the approval ofthe Cabinet Secretary. for the time being responsible fsrfinance, invest or place on a deposit accotrnt any of themoneys of the Fund and any interest earned on moneys soinvested or deposited shall be placed to the credit of theFund.

(3) The Accounting Officer shall-(a) supervise and control the administration and use of

the Fund;

Adminisuation ofthe Fund.


(b) report at least once in every six months to theTrustees on the management and use of the Fund;

(c) impose conditions on any expenditure;

(d) cause to be kept proper books of account and otherrecords in relation to the Fund;

(e) prepare, sign and transmit to the Auditor Generalin respect of each financial year and within three(3) months of the end of a financial year, a

statement of accounts relating to the Fund inaccordance with the Public Audit Act, 2003 ;

(0 furnish such additional information as may berequired for examination and audit by the Auditor-General or under any law; and

(g) designate such staff as may be necessary to assistin the management of the Fund.

PART VIII-INTERNATIONAL AND RBGIONALCO-OPERATION

57. The Government shall co-operate with otherStates, the United Nations High Commissioner forRefugees, the Aftican Union and other international andnon-governmental organisatiotrs, with a view to protectingand assisting refugees to find durable solutions to theirproblems.

58. (1) Refugees shall be entitled to assistanceprovided by the United Nations High Commissioner forRefugees and other organisations.

(2) The Government shall assist the Office of theUnited Nations High Commissioner for Refugees in itsduty of monitoring compliance to the provisions of theUnited Nations Convention, the Protocol and the OAUConvention, 8s well as monitoring that the rights ofrefugees are upheld under other relevant human rightsinsfirrments.

(3) The Government shall provide to the Office of theUnited Nations High Commissioner for Refugees and theAfrican Union any information and statistical dataconcerning relating to the-

(a) the condition of individual or groups of refugees;

lntemationalcooperation.

Cooperation withthe office of theUnited NationsHishCommissioner forRefugees, theAfrican Union andotherorganizations.


(b) the implementation of the United NationsConvention, the Protocol, and the OAUConvention;

(c) laws which are, in force relating to or affectingrefugees; and

(d) any other information relevant to protecting andassisting refugees and finding lasting solutions totheir problems.

PART IX. MISCELLANOUS PROVISIONS

59. (l) An asylum seeker or refugee who fails to obeyany lawful order of the Cabinet Secretary or of anauthonzed officer who obstnrcts any officer in exercise ofhis or her power under this Act, commits an offence andshall upon conviction be liable to a fine not exceeding fiffythousand shillings or to imprisonment for a period notexceeding six months or, to both.

(2) A person who commits an offence under this Actfor which no penalty is provided, shall upon conviction beliable to a fine not exceeding fifty thousand shiilings or toimprisonment for a period not exceeding six months or, toboth.

60. (1) If the Cabinet Secretary or an authonzedofficer is satisfied that any asylum seeker or refugee -

(a) is acting in a manner prejudicial to peace and goodorder of the country; and

(b) has committed any offence in any other territoryfor which the refugee has not been punished, beingan offence which, if committed within Kenya,would be punishable by law, the Cabinet Secretaryor such authonzed officer may in writing requestthe relevant authorities to have the person arrestedand prosecuted in a court of law.

61. (l) The Commissioner shall keep and maintain a

register of all persons who have been granted refugee statusand persons seeking asylum in Kenya.

(2) The Commissioner shall as soon as practicable,after the coming into force of this Act update the register totake into account the matters provided for by this Act.

(3) The Commissioner shall register and keep recordsof all asylum seekers and refugees present and the

Offences andpenalties.

Detention of anasylum seeker orrefugee.

Registration ofasylum seekersand refugees.

422 The Relu7ees Bill,2016

designated ar€as established in Kenya and for this purposeshal[ be'deermed to be the Regrstrar of asylum seekers andrefugees provided that the Comrnissioner may delegate inwriting this function to settlement officer or refugeeo ficers.

(4) The Cabinet Secretary rnay appoint any publicoffieer to be assistant registrar of asylum'seeker or refugeesfor any specific area by order published in the I(ernyaGazeffie provided' thaf such appointed assistant r€gistrarswithin the area$ of their jtmisdiction shall carry out theirfunctions under the direction and supervision of theCornmissioner.

(5) The registration of asylum seekers or refugeesunder this Act is without prejudice to any other registrationlaws requiring registration' of persons resident or present inKenya.

(6) An asyhinr, seek€r 6r refugee rrtrho ftils to'reglsterhirnself or horrelf tr,ltder ttt{u'AGIL, comr,ti,its'dh. offetice andshall: upon conviction be liable to a' fihe nof exceeding, onehundred thouedud" dritilhflg$, of imprisormient for a. teffih', trotexceeding ttrree years'or; to both.

ff2., An' asylum seeker or refugse resid.ing in Keiiyashall be liable to pay any taxes according to the tanationlaws of Kenya.

63. (1) A refugpe resident in Kenya who wishes to joinor to be'joined by any rnember of his or her family outsideor within Kenya respectively shall"make arI'application: forfamily reunion ts the Cabinet Secrehry through the UnitedNations High Comrnissioner for Refugees who shall submitthe application to the Eligibility Committee.

(2) The Eligibility Committee shall'recommend to theCabinet Secre@ whether to allow family re-union or notprovided that such family re-tmion shall not take placebefore permission is granted under this section.

(3) A person aggrieved by the decision of the CabinetSecretary may appeal to the Appeal Board.

(4) Where there is disunity in the family of a refugeeas a result of divorce, separation or death of any member ofthat family, ffioy remain in Kenya and'shall have to applywithin a maximum period of truo years frorn the tirne of

Payment of taxes.

Family re-union.

T'he Refusees Bill, 201 6 423

disunity of the family for the acquisition of the refugeestatus or for a legalisation of the residence in Kenya underthe Kenya Citizenship and Immigration Act.

(4) A person who contravenes the provisions of thissection shall be guilty of an offence under this Act.

64. An authonzed officer has powers to-(a) search any person or property;

(b) take the finger-prints, palm-prints or photograph ofany recognized refugee or protected person or anyperson who claims to be a refugee for the purposesof this Act or any member of the family of suchperson;

(c) question any recognized refugee or protectedperson or any person who claims to be a refugeefor the pu{po$es of this Act or any member of thefamily of such person.

65. No search of any person or property shall beconducted urless the authonzed officer concerned hasreasonable grounds for believing that the search isnecessary for the preyention, investigation or detectionof-

(a) an offence under this Act; or;

(b) a fraudulent misstatement or concealment of anyfact relevant to his or her identiff or status as arefugee or any member of the family of a personrefugee.

66. \Mhenever it is desired to search the body of a

woman, such search shall only be made by a medicalpractitioner or a woman and shall be conducted with strictregard for decency and, if there is no woman available whois an authorised officer, such search may be made by anywoman specifically named for the pu{pose by an authorisedofficer.

67. The Commissioner shall provide legal aid torefugees and in particular, shall be re$ponsible for payingthe fees of legal practitioners or other persons representingor prcviding legal assistance to refugees.

68. The Commission, the Secretariat of RefugeeAffairs and the Appeal Board shall each prepare and submit

Cap. 172.

Powers of anauthorized offtcer.

Grounds forconducting a

search.

Search to beconducted withdecency.

Provision of legalaid.

Annual Reports.

424 The RefuSees Bill,2016

to the Cabinet Secretary within three months after the endof each financial year a report of its activities which theCabinet Secretary shall forward for tabling in the NationalAssembly.

69. The Refugees Act, Cap. 173 is repealed.

70. (1) In this section-"commencement day" means the date when this Act

comes into operation;

"former Act" means the Refugees Act, Cap. 173.

"former Appeal Board" means the Appeal Boardestablished under section 9 of the former Act.

"former Committee" means the Refugees AffairsCommittee established under section 8 of the former Act.

(2) On the coilrmencement My, all rights, powers andliabilities, whether arising under any written law orotherwise which immediately before such day were vestedin, imposed on or enforceable against the former Board andCommittee shall be deemed to be vested, imposed orenforceable against the former Board and Committee.

(3) Any reference in any written law or in anydocument or instnrment to the former Board andCommittee shall, on and after the commencement duy, beconstrued to be a reference to the former Board andCommittee.

(4) The administrative directions made by the formerBoard, Committee or by the Cabinet Secretary which are inforce immediately before the commencement day shall, onand after such duy, have force as if they were directionsmade by the Appeal Board, the Commissioner or theCabinet Secretary trnder this Act.

(5) Any person who is an officer or employee of theformer Board or Committee immediately before thecommencement date of this Act shall be deemed to be anofficer or employee of the Appeal Board or Committee onthe same terms he or she was serving before the enactmentof this Act.

Provided that such person shall, within a period of sixmonths from the commencement duy, exercise his or heroption either to-

Repeal of Cap.173.Transitionalprovisions.

The RefuSees Bill,2016

(a) enter into a written confract of service with theAppeal Board, whereupon his or her service withthe Govenrment shall be deemed to have beenterminated without right to severance pay butwithout prejudice to all other remuneration andbenefits payable upon such termination; or

(b) be re-deployed by the Government.

(8) The members of the former Board shall continue inoffice as members of the Appeal Board until the exprry oftheir existing terms.

PART X.PROVISIONS ON DELEGATED POWERS

71. (l) The Cabinet Secretary may, make regulations Regulations'

generally for giving effect to this Act, and for prescribinganything required or necessary to be prescribed by or underthis Act.

(2) Without prejudice to the generality of subsection(l), regulations made under that subsection may providefor-

(a) the procedure to be followed in applications forrecognition as refugees and the form in which suchapplications shall be made;

O) the rnanner and form in which appeals may bemade under this Act;

(c) the issue of identification documents to personsseeking recognition as refugees and to members oftheir families;

(d) the form and issue of identification and traveldocuments to recognized refugees and protected .

percons;

(e) the form of any order or notice required to beserved on any refugee under the Act and thernrmer in which such order or notice may beserved;

(D the confiol of persons who are required to livewithin designated areas, including refugee campsand the circumstances in which such persons mayreside outside such areas; and

(g) the fonn of any notice required to be served on anyperson under this Act and the manner in whichsuch notice may be served.

425

, 4?6 The Refasees Bill,2016

(3) For the purposes of Article 94 (6) of theConstitution-

(a) the purpose and objective of the delegation underthis section is to enable the Cabinet Secretary tomake regulations for better carrying into effect theprovisions of this Act;

O) the authority of the Cabinet Secretary to makeregulations under this Act will be limited to No.2jo!2013.bringing into effect the provisions of this Act and cap 2.

-

fulfilment of the objectives specified under thissection.

(a) The priuciples and standards applicable to thedelegated power referred to under this Act are those foundin-

(i) the Statutory Instuments Act, 2013;

(ii) the Interpretation and General Provisions Act,

(iii) the general rules of international law as specifiedunder Article 2(5) of the Constitution; and

(iv) any heaff and convention ratified by Kenyaunder Article 2(6) of the Constitution.

The Refusees Bill,2A16 427

FIRST SCHEDUI;E (s. 12)

CONDUCT OF BUSINESS AI\TD AF'FAIRS OF TIIE APPEALSBOARD

1. A member of the Appeals Board shall hold office renureoroffce

for three years and is eligible for re-appointment for onefurtherterm.

2. (1) A member of the Appeals Board may resign by vacatimor

tenderingin a written notice of fris or her resignationio uie office'

Cabinet Secretary.

(2) A member of the Appeals Board may be removedfrom office by the Cabinet Secretary for-

(a) inability to perform the functions of his or heroffice arising from infirmity of body or mind;

(b) misbehavior or misconduct;

(c) incompetence; or(d) failure to attend three consecutive meetings of the

Board without justifi able reasors.

3. (l) The Cabinet Secretary may ryoint a suitable Filliryor

person ti, nn a vacancy in the Aipead gdre arising from ffi&ffiffithe death, resignation or removal from office of a mernberof the Appeals committee, to serve for the remainder of theterm of office of the rnember in respect of whom thevacancy has occurred

(2) The Secretary shall within fourteen days after theoccurrence of a vacancy in the Appeals committee, notiSthe Cabinet Secretary about the vacancy.

(3) The Appeals Boad may continue to actnotwithstanding the occurrence of a vacancy in itsmembership.

4. (1) The Appeal Board shall hold such meetings as Moetinss'

may be necessary for the performance of its functionsunder this Act.

@ The Chairperson, or in the absence of theChairperson, a member appointed by the members presentshall preside the meeting.

5. (1) A decision supported by a majority of the votes Decisions-

cast at a meeting of the Appeal Board at which quorum ispresent shall be the decision of the Appeal Board.

(2) In case of an equal division of vote, theChairperson shall have a casting vote.

. 428 The Relugees Bill,2016

SECOND SCIilDIILE (s.32)

ARTICLES OF COI\TYENTIONS APPLICABLE TO RECOGNIZEI)REFUGEES AIID PROTECTED PERSONS

. PARTIARTICLES OF COI\IVENTION RELATING TO THE STATUS OF

REFUGEES O['TI{E 28TH JIILY, 1951

ARTICLE 2

GENERAL OBLIGATIONS

Every refugee has duties to the county in which he finds himselfwhich require in particular that he conform to its laws and regulations aswell as to measures taken for the maintenance of public order.

ARTICLE 3

NON.DISCRIMINATION

The Contracting States shall apply the provisions of this Conventionto refugees without discrimination as to race, religion or country of origin.

ARTICLE 4

RELIGION

The Contacting States shall accord to refugees within their territoriesfreatnent at least as favourable as that accorded to their nationals withrespect to freedom to practise their religion and freedom as regards thereligious education of their children.

ARTICLE 7

EXEMPTION FROM RECIPROCITY

l.Except where this Convention contains more favourable provisions,a Contracting State shall accord to refugees the same treafinent as isaccorded to aliens generally.

2.After a period of three years' residence, all refugees shall enjoyexernption from legislative reciprocity in the territory of the ContractingStates.

3.Each Contracting State shall continue to accord to refugees therights and benefits to which they were already entitled, in the absence ofreciprocity, at the date of entry into force of this Convention for that Stat€.

The Relugees Bill,2016 429

5.The provisions of paragraphs 2 and 3 apply both to the rights andbenefits referred to in Articles 13, 18, 19, 2l md 22 of this Conventionand to rights and benefits for which this Convention does not provide.

ARTICLE 8

EXEMPTION FROM EXCEPTIONAL MEASURES

With regard to exceptional measures which may be taken against thepenrcn, property or interests of nationals of a foreign State, the ContactingStates shall not apply such measures to a refugee who is formally anational of the said State solely on account of such nationality.Contracting states which, under their legislation, are prevented fromapplylng the general principle expressed in this Article, shall, inappropriate cases, grant exemptions in favour of such refugees.

ARTICLE 9

PROVISIONAL MEASURES

Nothing in this Convention shall prevent a Confiacting State, in timeof war or other grave and exceptional circumstances, from takingprovisionally measures which it considers to be essential to the nationalsecurity in the case of a particular penion, pending a determination by the

Contracting State that that person is in fact a refugee and that thecontinuance of such measures is necessary in his case in the interests ofnational security.

ARTICLE 12

PERSONAL STATUS

l.The personal status of a refugee shall be governed by the law of thecountry of his domicile or, if he has no domicile, by the law of the counfryof his residence.

2.Rights previously acquired by a refugee and dependent on personalstatus, more particularly rights attaching to marriage, shall be respected bya Contacting State, subject to compliance, if this be necessary, with theformalities required by the law of that State, provided that the right inquestion is one which would have been recognized by the law of that Statehad he not become a refugee.

ARTICLE 13

MOVABLE AI.ID IMMOVABLE PROPERTY

The Contracting States shall accord to a refugee heafrnent asfavourable as possible and, in any event, not less favourable than thataccorded to aliens generally in the same circumstances, as regards the


acquisition of movable and immovable property and other rightspertaining thereto, and to leases and other contacts relating to movableand immovable property

ARTICLE 14

ARTISTIC RIGHTS A}.ID INDUSTRIAL PROPERTY

In respect of the protection of indusfrial propeff, such as inventions,designs or models, tademarks, frade names, and of rights in literary,artistic, and scietrtific works, a refugee shall be accorded in the counky inwhich he has his habitual residence the sarne protection as is accorded tonationrals of that eountry. In the territory of any other Contracting State, heshall be accorded the same protection as is accorded in that territory tonationals of the counfiry in which he has his habitual residence.

ARTICLE 15

RIGHT OF ASSOCIATION

As regards non-political and non-profit-making associations and tradeunions th Corffacting States shall accord to refugees lawfully staying intheir territory the most favouable teafrnent accorded to nationals of aforeign counflr, h the sare circumstarces.

ARTICLE 16

ACCESS TO COI.JRTS

l.A reftrgee shall have free access to the courts of law in the territoryof all Contracting States.

2.A refugee shall enjoy in the Contracting State in which he has hishabitual residence the same treafrnent as a national in matters pertaining toaccess to the courrs, incltrding legal assistance and exernption from cautiojudicatum solvi.

3.A refugse shall be accorded in the matterc referred to in paragraph2 in conntries other than that in which he has his habitual reside'nce thetreaffient graated to a national of the country of his habitual residence.

ARTICLE 18

SELF.EMPLOYMENT

The Confracting States shall accord to a refugee lawfully in theirterritory heatment as favourable as possible and, in any event, not lessfavourable than that accorded to aliens generally in the salnecircumstances, a$ regards the right to engage on his own account inagriculture, industry, handicrafts and cofirmerce and to establishcommercial and indusrial companies.


ARTICLE 19

LIBERAL PROFESSIONS

l.Each Contacting State shall accord to refugees lawfully staying intheir territory who hold diplomas recognized by the competent authoritiesof that State, and who are desirous of practising a liberal profession,treatment as favourable as possible and, in any event, not less favourablethan that accorded to aliens generally in the same circumstances.

2.The Contracting States shall use their best endeavours consistentwith ttreir laws and constitutions to secure the settlement of such refugeesin the territories, other than the mefropolitan territory, for whoseinternational relations they are responsible.

ARTICLE 20

RATIONING

Where a rationing system exists, which applies to the population atlarge and regulotes tho general distibution of products in short supply,refugees shall be accorded the same teatnent as nationals.

ARTICLE 2I

HOUSING

As regards housing, the Contracting States, in so far as the matter isregulated by laws or regulations or is subject to the control of publicauthorities, shall accord to refugees lawfully staying in their tenitorytreatment as favourable as possible and, in any event not less favourablethan that accorded to aliens generally in the same circumstances.

ARTICLE 22

PUBLIC EDUCATION

The Conhacting States shall accord to refugees treatuent a{r

favourable as possible, an{ in any event, not less favourable than thataccorded to aliens generally in the sarne circumstances, with respect toeducation other than elementary education and, in particular, as regardsaccess to studies, the recognition of foreign school certificates, diplomasand degrees, the remission of fees and charges and the award ofscholarships.

ARTICLE 25

ADMINISTRATIVE AS SISTA}.ICE

l.When the exercise of a right by a refugee would normally requirethe assistance of authorities of a foreign country to whom he cannot haverecoufse, the Confiacting States in whose territory 66 is lssiding shall

432 The ReIuSees Bill,2016

ammge that such assistance be afforded to him by their own authorities orby an intemational authority.

2.The authority or authorities mentioned in paragraph I shall deliveror cause to be delivered under their supervision to refugees suchdocuments or certifications as would normally be delivered to aliens by orthrough their national authorities.

3.Documents or certifications so delivered shall stand in the stead ofthe offrcial instruments delivered to aliens by or through their nationalauthorities, and shall be given credence in the absence of proof to theconfrary.

4.Subject to such exceptional treatment as may be granted to indigentpersons, fees may be charged for the services mentioned herein, but suchfees shall be moderate and commensurate with those charged to nationalsfor similar services.

5.The provisions of this Article shall be without prejudice to Articles27 and28.

ARTICLE 27

IDENTITY PAPERS

The Confracting States shall issue identity paperc to any refugee intheir territory who does not possess a valid fravel document.

ARTICLE 28

TRAVEL DOCUMENTS

lThe Conhacting States shall issue to refugees lawfully staying intheir territory havel documents for the purpose of fravel outside theirterritory unless compelling reasons of national security or public orderotherwise require, and the provisions of the Schedule to this Conventionshall apply with respect to such documents. The Contracting States mayissue a travel document to any other refugee in their territory; they shall inparticular give sympathetic consideration to the issue of such traveldocument to refugees in their territory who are unable to obtain a traveldocument from the country of their lawful residence.

2.Travel documents issued to refugees under previous internationalagreements by parties thereto shall be recognized and treated by theContracting States in the same way as if they had been issued pursuant tothis article.

ARTICLE 29

FISCAL CHARGES

l.The Confracting States shall not impose upon refugees duties,charges or taxes, of any description whatsoever, other or higher than thosewhich are or may be levied on their nationals in similar situations.


2.Nothing in the above paragraph shall prevent the application torefugees of the laws and regulations concerning charges in respect of theissue to aliens of administrative documents including identity papers.

ARTICLE 30

TRANSFER OF ASSETS

1.A Contacting State shall, in conformity with its laws andregulations, permit refugees to transfer assets which they have broughtinto its territory, to another county where they have been admitted for thepurposes of resettlement.

2.A Confracting State shall give sympathetic consideration to theapplication of refugees for permission to fransfer assets wherever theymay be and which are necessary for the resettlement in another county towhich they have been admiued.

ARTICLE 34

NATURALIZATION

The Confracting States shall as far as possible facilitate theassimilation and naturalization of refugees. They shall in particular makeevery effort to expedite naturalization proceedings and to reduce as far aspossible the charges and cost ofsuch proceedings.

SCTMDULE

lrnever, DocuMENT)

Paragraph I

l.The havel document referred to in Article 28 of this Conventionshall be similar to the specimen annexed hereto.

2.The document shall be made out in at least two languages, one ofwhich shall be English or French.

Paragraph 2

Subject to the regulations obtaining in the counfiy of issue, childrenmay be included in the havel document of a parent or, in exceptionalcircumstances, of another adult refugee.

Paragraph 3

The fees charged for issue of the documents shall not exceed thelowest scale of charges for national passports.

Paragraph4

Save in special or exceptional cases, the document shall be madevalid for the largest possible number of countries.

434 The Refiuyees Bill,2016

Paragraph 5

The document shall have a validity of either one or two years at thediscretion of the issuing authority.

Paragraph 6

l.The renewal or exteirsion of the validity of the document is a matterfor the authority which issued it so long as the holder has not establishedlawful residence in another territory and rcsides lawfully in the territory ofthe said autbrity. The issue of a new document is, under the sarneconditions, a matter forthe authority which issued the former document.

2.Diplomatic or consular authorities, specially authorized for theputpose, shall be empowered to exten4 for a period not exceeding sixmonths, the validity of havel documents issued by their Governments.

3.The Contacting States shall give symrpathetic consideration torenewing or extending the validity of tnavel documents or issuing newdocuments to refirgees no longer lawfully resident in their territory whoare unable to obtain a tavel document from the country of their lawfulresidence.

Paragraph 7

The Contractiog States shall recognize the validity of the documentsissued in accordance with the provisions of Article 28 of this Convention.

Paragraph 8

The competent authorities in the country to which the refugee desiresto proceed shall, if they are prepared to admit him and if a visa is required,affix a visa on the document of which he is the holder.

Paragraph 9

l.The Conhacting States undertake to issue fransit visas to refugeeswho have obtained visas for a territory of final destination.

Z.T\e issue of such visas may be refused on grounds which wouldjustiff refusal of a visa to any alien.

Paragraph 10

The fees for the issue of exit entry or transit visas shall not exceedthe lowest soale of charges for visas on foreign passports.

Paragraph llWhen a refugee has lawfully taken up residence in the territory of

another Contacting State, the responsibility for the issue of a new

The Refugees Bill,2016 43s

document under the terms and conditions of Article}S, shall be that of thecompetent authority of that territory, to which the refugee shall be entitledto apply.

Paragraph 12

The authority issuing a new document shall withdraw the olddocument and shall retum it to the country of issue, if it is stated in thedocument that it should be returned; otherwise it shall withdraw andcancel the document.

Paragraph 13

l. Each Contacting State undertakes that the holder of a fraveldocument issued by it in accordance with Article 28 of this Conventionshall be readmitted to its territory at any time during the period of itsvalidity.

2. Subject to the provisions of the preceding subparagraph, aConfiacting State may require the holder of the document to comply withsuch formalities as may be prescribed in regard to exit from or return to itsterritory.

3. The Contracting States reserye the right, in exceptional cases, or incases where the refugee's stay is authorized for a specific perio{ whenissuing the dooument, to limit the period during which the refugee mayreturn to a period of not less than three months.

Paragraph 14

Subject only to the terrrs of paragraph 13, the provisions of thisSchedule in no way affect the laws and regulations governing theconditions of admission to, fransit through, residence and establishment inand de,parhre from, the territories of the Contracting States.

Paragraph 15

Neither the issue of the document nor the enties made thereondetermine or affect the status of the holder, particularly as regardsnationality.

Paragraph 16

The issue of the document does not in any way entitle the holder tothe protection of the diplomatic or consular authorities of the coutry ofissue, and does not confer on these authorities a right of protection.

ANNEX

Specimen Travel Document

The document will be in booklet form (approximately 15 x l0centimetres).


It is recommended that it be so printed that any erasure or alterationby chemical or other means can be readily detected, and that the words"Convention of 28 July 1951'be printed in continuous repetition on eachpage, in the language of the issuing country.

(Cover ofbooklet)

TRAVEL DOCI.JMENT

(Convention of 28 July l95l)

(1)

TRAVEL DOCUMENT

(Convention of 28 July 1951)

This document expires on.........................un1ess its validity is extended orrenewed.

Name........

Forename(s)...............

Accompanied by........ ..... child (children)

l. This document is issued solely with a view to providing the holderwith a tavel document which can serye in lieu of a national passport. It iswithout prejudice to and in no way affects the holder's nationality.

2. The holder is authorized to retum to.................(state here thecountry whose authorities are issuing the document) on orbefore....... unless some later date is hereafter specified.(The period during which the holder is allowed to return must not be lessthan three months).

3.Should the holder take up residence in a country other than thatwhich issued the present document, he must, if he wishes to fravel again,apply to the competent authorities of his country of residence for a newdocument. (The old ffivel document shall be withdrawn by the authorityissuing the new document and returned to the authority which issued it)*

(The document contains ..pages; exclusive of cover.)

(2)

Place and date of birth

i

I{

/I

Occupation


Presentresidence..

*Maiden name and forename(s) ofwife*Name and forename(s) of husband............

Description

Height.

Hair...........

Colour of eyes......

Nose.........

Shape of face.......

Complexion

Special peculiarities ...............

Children accompanying holder

Name Forename(s) Place and date of birthSex

* Strike out whichever does not apply

(This document contains................ ...pages, exclusive of cover.)

(3)Photograph of holder and stamp of issuing authority

Finger-prints of holde(if required)

horder....... ... ...........::T'*'::..............(This document contains.. ..............pa9es, exclusive

ofcover).

(4)

l.This document is valid for the following countries:..

2. Document or documents on the basis of which the present document isissued:.

, 439 The RefuSees Bill,2016

ISSUgd 4t............. r..... r. r. r................. r o........ t. r...............

Date.......... .. lignature and stamF of authorityissuing the document:

Fee paid:

(This document contains ...pages, exclusive of cover.

(5)

Extension or renewal of validity

Fee paid: From.......

To..........

Done at........................Date.

Signature and stamp of authority extending orrenewing the validity of the document:

(This document contains.... ...............pa9es, exclusive of cover.)

(6)

Extension orrenewal of validity

Fee paid: From.......

To......

Done at........................Date.

Signature and stamp of authority extending orrenewing the validity of the document:

(This document contains.... pages, exclusive of cover.)


PART IIOAU CO}TVENTION GOVERNING SPECIFIC ASPECTS OF

REFUGEE PROBLEMS IN AFRICA

ARTICLE IIASYLUM

l. Member States of the OAU shall use their best endeavoursconsistent with their respective legislation to receive refugees and tosecure the settlement of those refugees who, for well-founded reasons, areunable or unwilling to return to their country of origin or nationality.

2. The granting of asylum to refugees is a peaceful and humanitarianact and shall not be regarded as an unfriendly act by any Member State.

3. No person shall be subjected by a Member State to measures suchas rejection at the frontier, rreturn or expulsion, which would compel himto return to or remain in a territory where his life, physical integrity orliberty would be threatened for the reasons set out in Article I, paragraphsI and2.

4. Where a Member State finds difficulty in continuing to grantasylum to rrefugees, such Member State may appeal directly to otherMember States and through the OAU, and such other Member States shallin the spirit of African solidarity and intemational co-operation takeappropriate measures to lighten the burden of the Member State grantingasylum. .::

5. Where a refugee has not received the right to reside in any countyof asylum, he may be granted temporary residence in any country ofasylum in which he first presented himself as a refugee pendingarrangement for his re-settlement in accordance with the precedingparagraph.

6. For reasons of security, countries of asylum shall, as far aspossible, settle refugees at a reasonable distance from the frontier of theircountry of origin.

ARTICLE IIIPROHIBITION OF SI.JBVERSIVE ACTTVITIES

l. Every refugee has duties to the country in which he finds himself,which require in particular that he conforms with its laws and regulationsas well as with measures taken for the maintenance of public order. Heshall also abstain from any subversive activities against any Member Stateof the OAU.

The Relugees Bill,2016

2. Siguatory States undertake to prohibit refugees residing in theirrespective territories from attacking ffiy State Member of the OAU, byany activity likely to cause tension between Member States, and inparticular by use of arms, through the press, or by radio.

ARTICLE IVNON.DISCRIMINATION

Member S'tates undertake to apply the provisions of this Conventionto atl refugees without discrimination as to race, religion, nationality,membership of a particular social Soup orpolitical opinions.

ARTICLE VVOLUNTARY REPATRIATION

l. The essentially vohmtary character of repafiiation shall berespected in all cases and no refugee shall be repatriated against his will.

2.T\e country of asylun'r, in collaboration with the counfiy of origin,shall make adequate rrangements for the safe return of refugees whorequest repatriation.

3. The country of uigitr, on reoeiving baek refugees, shall facilitatetheir re-settlement and grailt ecm tk full rights and privileges of nationalsof the @utT, and strbject them to the same obligations

4. Refugees who voluntarily return to thch cornfiry shall in no way bepenalised for having left it for any of the reasoos giving rise to refugeesituations. Whenever trecessary, an appeal s'halt be made through nationalinforrrration media and through the Administative Secretary-General ofthe OAU, inviting refugees to return home and giving assuftmce that thenew circumstances prevailing in their cormfry of origin will enable them toreturn without risk and to take up a normal and peaceful life without fearof being disturbed or punished, and that the text of such appeal should begiven to refugees and clearly explained to them by their coun@ ofasylum.

5. Refugees who freely decide to retum to their homeland, as a resultof such assurances or on their own initiative, shall be given every possibleassistance by the country of asylum, the counfii'y of origin, voluntaryagencies and international and intergovernmental organisations, tofacilitate their return.

ARTICLE VITRAVEL DOCUMENTS

l. Subject to Article III, Member States shall issue to refugeeslawfully staying in their territories tavel documents in accordance with

The Relugees Bill,2016 MI

the United Nations Convention relating to the Status of Refugees and theSchedule and Annex thereto, for the purpose of ravel outside theirterritory, unless compelling reasons of national sectrity or public orderotherwise require. Member States may issue such a tavel document to anyother refugee in their tenitory.

2. Where an African country of second asylum accepts a refugeefrom a country of first asylum, the country of first asylurn may bedispensed from issuing a document with a return clause.

3. Travel documents issued to reftrgees undcr previous internationalagreanents by State Parties thereto shall be recognised and freated byMetnber States in the same way as if they had been issued to refugeespursuant to this Article.

M2 The Refugees Bill,2016

MEMORAIYDUM OF OBJECTS AIYD REASONS

The principal purpose this Bill is to provide for the recognition andprotection of refugees. The Bill seeks to give effect to the ConventionRelating to the Status of Refugees, the Protocol Relating to the Status ofRefugees and the OAU Convention Governing the Specific Aspects ofRefugee Problems in Africa. As it presently, the existing legal frameworkfor the recognition, protection and management of refugees, is theRefugees Act, Cap. 173. The Act however has a number of deficienciesand in particular does not establish an administrative and stnrcturalframework that ensures the recognition and protection of refugees inKenya. Furttrq despite the fact that Kenya is party to the InternationalInstnrments that seeks to ensure the protection of refugees, the Act doesnot embody the principles outlined in the Insffurrents confrary to ourinternational obligations. In this regard therefore, the Bill seeks to repealthe Refugees Act and establish a legal framework that reflects ourinternational obligations.

PART l-contains preliminary provisions.

PART ll-contains provisions outlining the administrativeinstitutions established under the Act which are the Kenya Refugee,Repafriation and Resettlement Commission, the Secretariat for RefugeeAffair and the Refugee Status Appeal Board. This Part also sets out therespective functions of the Commission and the Secretariat.

PART lll-contains provisions relating to the process for applyingfor grant of refugees status. This Part also establishes the NationalEligibility Committee which is tasked to among other things investigateand seek all relevant information from appropriate sources within andoutside the country relating to persons making application to be grantedrefugees status. This Part also contains provisions relating to revocationand cancellation of refugees status and protection and care of refugeewomen and children, persons with disabilities and persons who havesuffered frauma.

PART fV-contains provisions relating to the designation of refugeereception offrcers, the duties of refugee recepion officers, places of entry,departure and routes and surrender of weapons by asylum seekers orrefugees to authorized officers on arrival to Kenya.

PART V-coutains provisions relating to the rights of refugees tmderInternational Instnrments in particular this Part sets out the rights ofasylum seekers and refugees in relation to access to employment land andeducation. Further, this Part outlines the principle of non-refoulementwhich provides that a refugee or a member of the refugee family shall not,except on grounds that the expulsion is necessary for reasons ofnational


security or in pur$rance of a decision reached after due process, berejected at the border, expelled or exfradited or returned from Kenya toany country where there are substantial grounds for believing that such aperson would be persecuted for reasons of race, religion, nationality,membership of a particular social goup or political opinion, within themeaning of the UnitedNations Convention.

PART Yl-contains provisions relating to the control of designatedareas. In particular, it gives power to the Commissioner in consultationwith the Cabinet Secretary to require any asylum seeker or refugee who iswithin a designated area to move to or reside in any other designated area.Further, this Part also gives power to the Cabinet Secretary to make rulesfor the contol of designated areas.

PART Vll-contains provisions relating to the integration,repatriation and resettlement of refugees. In relation to integration ofrefugees, this Part requires the Commissioner to ensure that refugees areintegrated into the communities where the refugees are settled. This Partalso establishes a Refugee's Trust Fund which shall be used to assistrefugees to find durable solutions.

PART VIII- contains provisions relating to the international andregional cooperation by providing that the Government shall co-operatewith other States, the United Nations High Commissioner for Refugees,the African Union and other international and non-governmentalorganisations, with a view to protecting and assisting refugees and findingdurable solutions to their problems.

PART l)(-contains miscellaneous provisions.

PART X-contains provisions on Delegated Powers

This Bill once enacted shall confer on the Cabinet Secretary to makeregulations generally for giving effect to this Act, and for prescribinganything required or necessary to be prescribed by or under this Act. TheCabinet Secretary for the time being responsible for matters relating torefugees is given authority under section 7l to make regulations toprescribe-

(a) the procedure to be followed in applications for recognition asrefugees and the form in which such applications shall be made;

(b) the manner and form in which appeals may be made under thisAct;

(c) the issue of identification documents to persons seekingrecognition as refugees and to members of their families;

The RefuSees Bill,2016

(d) the form and issue of identification and fiavel documents torecognized refugees and protected persons;

(e) the form of any order or notice required to be served on anyrefugee under the Act and the rnarmer in which such order ornotice may be served;

(D the control of persons who are required to live within designatedareias, including refugee canrps and the circumstances in whichsuch persons ruay rcoide outside such areas;

(g) the fonn of any notice required to be served on any penlon undersections this Act and the mauner in which such notice may beserved.

Limitc of the Delegated Authority

The regulations made under this Act shall be limited to the brineinginto effect the provisions of this Act.

FIRST SCI{EDuLE-contains provisions retating to the conduct ofbusiness and affairs of the Board.

SECOND SCHEDIILE-contains the articles of Convention applicableto the recognition of refugees

This Bill is not a Bill conceming county governments within thedefinition of Article I l0(l) of the Constitution

The enactnent of this Bill shall occasion expendihue of public funds.

Dated the 22td June, 201 5

AGOSTINHONETO,Member of Parliarnent.

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